AN120518 – Superior Walls & Ceilings Pty Ltd/CFMEU Enterprise Award Expiring 30 March 2008
27. TRADE UNION RIGHTS AND REPRESENTATION
The parties to this Award acknowledge the right of Employees to be active Union members and respect the right of the Union to organise and recruit Employees as Union members. The parties to this Award also acknowledge that good communication between the Union workplace delegate(s) and members is an important mechanism in assisting the parties to resolve grievances and disputes in a timely fashion. Nothing in this clause shall be contrary to law.
27.1 Visiting Union Officials
a) Union officials shall produce their right of entry permits, if required, and observe the relevant Parent Award and OH&S obligations for entry to site
b) Union officials with the appropriate credentials shall be entitled to inspect all wage records, other payment records and related documentation necessary to ensure that the Company is observing the terms and conditions of this Award
c) All wage books and other payment records shall be made available within 48 hours on site or at another convenient appropriate place by the Company
d) Such inspections shall not take place unless there is a suspected breach of this Award, the Parent Award and/or other statutory obligations
27.2 Delegates and Their Rights
In this clause the expression "delegate" means an Employee who is the accredited representative of the Union at the workplace or within the Company.
a) The parties acknowledge it is the sole right of the Union and its members to elect Union delegate(s) who shall be recognised as the authorised representative of the Union
b) An elected delegate shall be paid the rate prescribed for CW7.
c) The delegate shall have the right to approach or be approached by any Employee of the Company to discuss industrial matters during normal work hours
d) The delegate shall have the right to communicate with members or potential members of the Union in relation to industrial matters without impediment from the Company. Without limiting the usual meaning of the expression "impediment", this provision applies to the following conduct by the Company:
Moving a delegate to a workplace or work situation which prevents or significantly impedes communication with members.
Changing a delegates shifts, rosters or site so that communication with workers is prevented or significantly impeded.
Disrupting duly organised meetings.
e) The delegate shall be entitled to represent members or potential members in relation to industrial matters at the workplace, and without limiting the generality of that entitlement is entitled to be involved in representing members or potential members:
At all stages in the negotiation, renegotiation and/or implementation of agreements or other industrial instruments
The introduction of new technology and other forms of workplace change
Career path, reclassification, training issues and to initiate discussions and negotiations on any other matters affecting the employment of members
Ensuring that workers on site are paid their correct wages, allowances and other lawful entitlements
To check with relevant industry schemes so as to ensure that superannuation, redundancy etc has been paid on time for all Employees and long service credited to a workers long service registration
f) In order to assist the delegate to effectively discharge his/her duties and responsibilities, the delegate shall be afforded the following rights:
The right to reasonable communication with other delegates, Union officials and management in relation to industrial and related matters.
A maximum of ten (10) days paid time off work to attend relevant Union training courses/forums, subject to appropriate notice.
Paid time off to attend meetings of Union delegates in the industry, as authorised by the relevant Union Secretary or nominee.
Time to check WorkCover and OH&S requirements are being complied with
g) The Company shall provide, if not already available the following to a delegate on a large construction site
A lockable cabinet for the keeping of records
A lockable notice board for the placement of authorised Union notices
Where practicable, on large sites access to a Union office
Where a Union office room is not practicable, access to a meeting room
Access to telephone for legitimate Union business
From existing resources and when required, access to:
A word processor, typewriter or secretarial support at the workplace;
A personal computer (PC), CD ROM and E-mail and the internet at the workplace
A photocopier or facsimile machine for authorised Union notices.
h) There shall be no deduction to wages where the Union requires a delegate to attend any court or industrial tribunal proceedings relating to industrial matters at the workplace impacting on Employees.
i) Nothing in this clause requires the election of a delegate on every workplace of the Company. The expectation of the parties would be that Employees would elect a delegate on large sites.
27.3 Union Membership
Properly accredited officials and workplace representatives of the Union shall have the right to be provided with appropriate access to Employees to promote the benefits of Union membership.
To assist in this process the Company shall:
a) If requested by the Union and authorised by the Employee, provide payroll deduction services for Union fees. Such fees shall be remitted to the Union on a regular agreed basis with enough information supplied to enable the Union to carry out reconciliation
b) Make available information, documentation and applications including that of the Union party to this Award, at the same time as Employees are provided with their taxation declaration form
c) Invite the Union to attend induction training of new Employees.
d) The Company shall advise all (non-Union) employees prior to commencing work for the Company that a bargaining agents fee of 1% of the gross income or $500.00 per annum, whichever is the greater is payable to the CFMEU, NSW Branch within 4 weeks of commencement of employment with the Company and on or prior to 1 October of each year. The Company will ensure that any applicable bargaining fee is paid as required by this clause.
